LEBANON Law and Practice Contributed by: Mohamed Alem, Mazen Ghosn and Rana Kahwagi, Alem & Associates
In addition to LAMC, the ICC is widely used to admin - ister domestic arbitrations in Lebanon and is also the leading institution to administer international arbitra - tions seated in Lebanon. Other regional arbitral institutions are also used in Lebanon, particularly when the parties to the dispute are based in Middle Eastern countries. These insti - tutions include DIAC, CRCICA, the Abu Dhabi Inter - national Arbitration Centre (ADIAC) and the Bahrain Chamber for Dispute Resolution (BCDR-AAA). No new arbitral institutions were established in Leba- non in 2024–25. 1.4 National Courts There are no specific courts in Lebanon that are desig - nated to hear disputes relating to international arbitra - tions and/or domestic arbitration. With respect to setting aside of arbitral awards, as discussed in 11.1 Grounds for Appeal , the applica - tion for setting aside should be filed with the court of appeal of the place where the arbitral award was rendered (Article 819 (3) of the NCPC). Regarding the enforcement of arbitral awards, as explained in 12.2 Enforcement Procedure , it is the President of the Court of First Instance of Beirut who issues the order granting exequatur to international arbitral awards. As mentioned in 1.1 Prevalence of Arbitration , the Lebanese Arbitration Law is found in Articles 762 to 821 of the NCPC. The Lebanese Arbitration Law is not based on the UNCITRAL Model Law, but rather on the former French Arbitration Law of 1981, with some variations that mainly relate to domestic arbitration. The Lebanese Arbitration Law distinguishes between domestic arbitration, which is governed by Articles 762 to 808 of the NCPC, and international arbitration, which is governed by Articles 809 to 821 of the NCPC. According to Article 809 of the NCPC, an arbitration 2. Governing Legislation 2.1 Governing Law
is international in nature if it concerns international commercial interests. In light of the definition set forth in Article 809 of the NCPC, Lebanese case law con - siders that the criteria determining the nature of an arbitration are economic (Court of Appeal of Beirut, 21 March 2001, Decision 492/2001) and that an arbi - tration is international in nature if the underlying dis - pute involves a cross-border flow of goods or funds (Lebanese Court of Cassation, 27 April 2006, Decision 98/2006). Compared to domestic arbitration, international arbi - tration is more flexible and liberal in that the parties are free to choose procedural rules other than those con - tained in the NCPC (Article 811 of the NCPC). How - ever, where Lebanese law is applicable to an inter - national arbitration, Articles 762 to 792 of the NCPC, which govern domestic arbitration, apply unless the parties expressly agree otherwise (Article 812 of the NCPC). 2.2 Changes to National Law There have been no recent major reforms to the Leba - nese Arbitration Law. However, the current Lebanese Arbitration Law has been amended on a few occa - sions since its promulgation in 1983. In June 1996, paragraph 2 of Article 804 of the NCPC (applicable to international arbitration) was amended to allow for the challenge of decisions of the court of appeal in matters of annulment before the Court of Cassation. In July 2002, further amendments to the Lebanese Arbitration Law were introduced, mainly concerning state participation in arbitral proceedings. The 2002 amendments clarified which administrative disputes are arbitrable and which disputes fall under the exclu - sive jurisdiction of the Lebanese administrative courts. It was also clarified that arbitration clauses and arbitra - tion agreements ( compromis d’arbitrage ) entered into by the state, by state organs and/or by legal persons under public law are now subject to prior approval similar to that required for administrative contracts.
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